On October 15, 2015, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order clarifying the extent to which natural gas asset management agreements (AMAs) provide an exemption from the Commission’s...more
On July 28, 2015, following a marked increase in protests at Federal Energy Regulatory Commission (FERC) open meetings and outside FERC headquarters—which in one case to date resulted in the rescheduling of an open meeting to...more
On August 19, 2015, the United States Court of Appeals for the 7th Circuit denied two wind generators’ (“Generators”) petitions for review of various Federal Energy Regulatory Commission (FERC) orders assigning the corrected...more
A Federal Energy Regulatory Commission (FERC) Administrative Law Judge last week issued an Initial Decision finding that BP America (BP) and certain related BP entities violated FERC’s Anti-Manipulation Rule. Following a...more
8/18/2015
/ Administrative Law Judge (ALJ) ,
Appeals ,
BP ,
CFTC ,
Commodity Futures Contracts ,
Enforcement Authority ,
Exclusive Jurisdiction ,
Federal Power Act ,
FERC ,
Market Manipulation ,
Natural Gas Act ,
Oil & Gas ,
Pipelines ,
Transacting Intrastate Business
On July 22, 2015, the House Energy and Commerce Subcommittee on Energy and Power unanimously passed a diverse energy bill designed to expedite Federal Energy Regulatory Commission (FERC) natural gas pipeline reviews,...more
On July 30, 2015, two weeks after the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC) issued a staff notice of alleged violations (“Notice”) to Columbia Gas Transmission LLC (“Columbia Gas”) for...more
On July 16, 2015, the Federal Energy Regulatory Commission (FERC) eliminated the requirement for certain public utilities, including regional transmission organizations (RTOs), independent system operators (ISOs) and exempt...more
On July 7, 2015, the Federal Energy Regulatory Commission (FERC) issued a notice seeking comments on a petition for rulemaking filed by the American Wind Energy Association (AWEA). The petition asks FERC to implement reforms...more
On May 15, 2015, the five sitting Federal Energy Regulatory Commission (FERC) commissioners sent a joint letter to Janet G. McCabe, acting assistant administrator of the Environmental Protection Agency (EPA), regarding the...more
On April 16, 2015, the Federal Energy Regulatory Commission (FERC) issued Order No. 809, its Final Rule regarding the coordination of scheduling between interstate natural gas pipelines and electric public utilities. FERC...more
On April 21, 2015, the Supreme Court issued a divided opinion declining to find federal pre-emption by the Natural Gas Act (NGA) of certain state antitrust claims. In Oneok, Inc. v. Learjet, Inc., a group of manufacturers,...more
On March 3, 2015, the Federal Energy Regulatory Commission (“FERC”) issued Opinion No. 531-B, an order denying rehearing of Opinion No. 531. Opinion No. 531 involved a challenge to the New England Transmission Owners’...more
At the end of January, the D.C. Circuit denied rehearing en banc in Smith Lake Improvement and Stakeholder Association v. FERC. Smith Lake clarified when a party denied rehearing at the Federal Energy Regulatory Commission...more
On February 6, 2015, the Federal Energy Regulatory Commission (FERC) issued an Order on Rehearing of its Order No. 768, in which FERC expanded its Electric Quarterly Report (EQR) filing requirements by, among other things,...more
On February 2, 2015, the Federal Energy Regulatory Commission (FERC) issued an Order to Show Cause and Notice of Proposed Penalty (Show Cause Order) directing Calgary-based Maxim Power Corporation and certain of its...more
The Federal Energy Regulatory Commission (FERC) last week issued a proposed policy statement to clarify FERC’s allowance of “hold harmless” commitments in applications filed under Section 203 of the Federal Power Act (FPA)....more
On December 30, 2014, the Federal Energy Regulatory Commission (FERC) issued an Order Approving Stipulation and Consent Agreements (Order) approving four Stipulation and Consent Agreements (Settlement Agreements) between...more
On December 17, 2014, as amended December 18, 2014, the Federal Energy Regulatory Commission (FERC) issued an Order to Show Cause and Notice of Proposed Penalty (Show Cause Order)1 directing Houlian (Alan) Chen, HEEP Fund,...more
1/6/2015
/ Civil Monetary Penalty ,
Disgorgement ,
Electricity ,
Energy Market ,
Energy Sector ,
Enforcement Actions ,
Federal Power Act ,
FERC ,
Fraud ,
Investment Funds ,
Market Manipulation ,
Order to Show Cause ,
PJM
On December 5, 2014, the United States Court of Appeals for the D.C. Circuit remanded an order of the Federal Energy Regulatory Commission (FERC) denying refunds to certain Louisiana-based utility companies for rates that...more
On November 14, 2014, the U.S. Court of Appeals for the 5th Circuit denied the Louisiana Public Service Commission’s (LPSC) petition for review of various Federal Energy Regulatory Commission (FERC) orders on the...more
As we previously reported, on May 23, 2014, the D.C. Circuit vacated FERC’s Demand Response Order No. 745, holding that the order (1) exceeded FERC’s jurisdiction, and (2) was arbitrary and capricious, particularly in its...more
On October 16, 2014, the Federal Energy Regulatory Commission (FERC) issued Opinion No. 531-A, an order on the paper hearing it established in Opinion No. 531 regarding the long-term growth rate to use to calculate the New...more
On September 11, 2014, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously affirmed an October 2013 decision of the U.S. District Court for the District of New Jersey that New Jersey’s Long-Term...more
On September 8, 2014, the U.S. Court of Appeals for the Fifth Circuit dealt a blow to Exelon Corp. (“Exelon”), rejecting challenges by various Exelon wind-generating entities to a Texas Public Utility Commission (PUCT)...more
On August 15, 2014, the United States Court of Appeals for the District of Columbia Circuit unanimously affirmed Order No. 1000, a landmark set of rules approved by the Federal Energy Regulatory Commission (FERC) in 2011 to...more